An arbitrator often uses a seven$-$part test to determine whether a disciplinary action meets the threshold of just cause. Which of the following would not normally be considered by the arbitrator in making this determination?

Question $19$ options:

$1)$

The manager was new and had never imposed discipline before.

$2)$

The employee was on notice that the behavior could lead to disciplinary action.

$3)$

The penalty was appropriate to the severity of the infraction.

$4)$

A thorough investigation was conducted.